Metcalf v. Baldwin

A. R. Livingston died testate June 15, 1906, without wife or issue. He devised all his property to his aunt, Cynthia Metcalf, subject to the payment of his debts. The devisee was duly appointed executrix of the will, and her appointment was approved, and letters issued to her accordingly. She also took possession of the real estate devised to her. She was appointed executrix August 2, 1906, and during the same month she -died intestate without direct heirs, but leaving Thomas Metcalf, her husband, surviving. Thomas Metcalf, the husband, was then appointed administrator of both the Livingston…